1.ACCEPTANCE OF TERMS
merchantCGI.com provides its service to you, which may be updated by us from time to time without notice to you. You can review the most current version of the TERMS AND CONDITIONS at any time at: http://www.merchantCGI.com/termsofuse.html, and any changes posted to http://www.merchantCGI.com/termsofuse.html are effective immediately upon posting. In addition, when using particular merchantCGI.com services, you shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TERMS AND CONDITIONS. If you are a Client of merchantCGI.com, please note that merchantCGI.com provides additional obligations for you. merchantCGI.com also may offer other services from time to time, that are governed by additional Terms of Services.

2.DESCRIPTION OF SERVICE
merchantCGI.com currently provides users with password/access control devices, access to our on-line agreement generator, as well as other on-line resources, including, various communications tools, online forums, shopping services, personalized content and branded programming through its billing services, collectively (the "Service"). Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new merchantCGI.com products and/or services, shall be subject to the TERMS AND CONDITIONS. You understand and agree that the Service is provided "AS-IS" and that merchantCGI.com assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem, or other access device.

3.YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the billing service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by any merchantCGI.com form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or merchantCGI.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, merchantCGI.com has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof), and you hereby waive rights to any refund.

4.CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not merchantCGI.com, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Service. merchantCGI.com does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will merchantCGI.com be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Service.
You acknowledge that merchantCGI.com does not pre-screen Content, but that merchantCGI.com and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, merchantCGI.com and its designees shall have the right to remove any Content that violates the TERMS AND CONDITIONS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by merchantCGI.com or submitted to merchantCGI.com.

5.INDEMNITY
You agree to indemnify and hold merchantCGI.com, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the TERMS AND CONDITIONS, or your violation of any rights of another.

6.NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

7.GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that merchantCGI.com may establish general practices and limits concerning use of the Service. You acknowledge that merchantCGI.com reserves the right to cancel accounts that are inactive for an extended period of time. You further acknowledge that merchantCGI.com reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

8.MODIFICATIONS TO SERVICE
merchantCGI.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that merchantCGI.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

9.TERMINATION
You agree that merchantCGI.com, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if merchantCGI.com believes that you have violated or acted inconsistently with the letter or spirit of the TERMS AND CONDITIONS. merchantCGI.com may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TERMS AND CONDITIONS may be effected without prior notice, and acknowledge and agree that merchantCGI.com may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that merchantCGI.com shall not be liable to you or any third-party for any termination of your access to the Service.

10.LINKS
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because merchantCGI.com has no control over such sites and resources, you acknowledge and agree that merchantCGI.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that merchantCGI.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

11.merchantCGI.com's PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by merchantCGI.com or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
merchantCGI.com grants you a personal, non-transferable, non-exclusive, and revocable right and license to access its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sub-license, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by merchantCGI.com for use in accessing the Service.

13.DISCLAIMER
merchantCGI.com AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. merchantCGI.com AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL merchantCGI.com AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THIS SERVER. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. merchantCGI.com AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANYTIME.

14.VENUE
Any dispute arising from, or in connection with the Service shall be construed under the laws of the State of Georgia, and shall be brought in any competent Federal or State court located in Cobb County, Georgia.

15.ACCEPTANCE
By clicking "I Agree", "I Accept"; or by closing this browser window; or by submitting registration and/or payment information through the Service; or by accessing any portion of the merchantCGI.com web-site, you agree that you have read, understand, and agree to abide by this TERMS AND CONDITIONS Agreement, and any documents incorporated by reference, and you agree that you intend to form a legally binding contract; and that this TERMS AND CONDITIONS constitutes "a writing signed by You" under any applicable law or regulation. Any rights not expressly granted herein are reserved by merchantCGI.com Inc.